Bharatiya Nyaya Sanhita: Section 139 – Kidnapping or maiming a child for purposes of begging

(1) Whoever kidnaps any child or, not being the lawful guardian of such child, obtains the custody of the child, in order that such child may be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

(2) Whoever maims any child in order that such child may be employed or used for the purposes of begging shall be punishable with imprisonment which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person s natural life, and with fine.

(3) Where any person, not being the lawful guardian of a child employs or uses such child for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of such child in order that such child might be employed or used for the purposes of begging.

(4) In this section “begging” means—

(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise;

(ii) entering on any private premises for the purpose of soliciting or receiving alms;

(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;

(iv) using such child as an exhibit for the purpose of soliciting or receiving alms.

Simplified Explanation

Bharatiya Nyaya Sanhita: Section 139 – Kidnapping or Maiming a Child for Purposes of Begging

Section 139 of the Bharatiya Nyaya Sanhita, 2023 deals with the serious offenses of kidnapping or maiming a child for the purpose of begging. This provision targets those who exploit children for the purpose of soliciting alms, often in a cruel and harmful manner. The section lays down punishments for both kidnapping and maiming a child with the intent of using them in the begging industry, a practice that is not only exploitative but harmful to the child’s welfare.

Detailed Breakdown of Section 139

Subsection (1) – Kidnapping a Child for Begging

• Offense:
  • This subsection criminalizes the act of kidnapping a child or obtaining custody of a child (without being the lawful guardian) to use the child for begging purposes.
  • The intent behind this crime is to exploit the child by making them a means of earning money through begging.
• Punishment:
  • The offense is punishable with rigorous imprisonment for a minimum term of ten years.
  • The imprisonment can extend up to life imprisonment, meaning imprisonment for the remainder of the person’s natural life.
  • Additionally, the person convicted of this offense shall also be liable to a fine.

Subsection (2) – Maiming a Child for Begging

• Offense:
  • This subsection targets the more severe crime of maiming a child (intentionally injuring or disfiguring) to use the child for begging.
  • Maiming involves causing serious bodily harm to the child, often with the intention of making the child appear more pitiful or desperate, thereby increasing the amount of money they can receive from begging.
• Punishment:
  • The punishment for maiming a child for begging is even harsher than kidnapping.
  • The offender faces imprisonment of not less than twenty years, which could extend to life imprisonment.
  • Life imprisonment in this context means the offender could be imprisoned for the remainder of their natural life.
  • The offender will also face a fine in addition to the imprisonment.

Subsection (3) – Presumption of Kidnapping for Begging

• Offense:
  • This subsection creates a legal presumption regarding the actions of a person who is found to be using a child for begging.
  • If a person who is not the lawful guardian of a child employs or uses that child for begging, it is presumed that the person kidnapped or obtained the custody of the child with the intent to use the child for begging.
• Presumption:
  • This presumption places the burden of proof on the person who is using the child for begging to prove that they did not kidnap or illegally obtain the child’s custody.
  • This presumption makes it easier for the authorities to prosecute those involved in child exploitation, as the person using the child for begging must now show they did not steal or unlawfully obtain custody of the child.

Subsection (4) – Definition of “Begging”

• Begging is defined comprehensively in this subsection. It includes:
  1. Soliciting or receiving alms in public places, such as:
     • Pretending to perform tricks, sing, dance, or tell fortunes to gain money.
     • Selling articles or using any pretext to beg for money.
  2. Entering private premises for the purpose of soliciting or receiving alms.
  3. Exposing or exhibiting a sore, wound, injury, deformity, or disease, whether of the child, another person, or an animal, to extort money from others.
  4. Using a child as an exhibit for the purpose of soliciting or receiving alms, which could include forcing or coercing the child to perform acts that attract alms.
• The definition of begging in this section covers a wide range of exploitation methods, ensuring that even if a child is used in indirect ways for begging (such as being made to appear in a specific state of injury or deformity), it would still fall under this offense.

Purpose and Impact of Section 139

• Child Protection: The section is aimed at protecting children from the exploitation and abuse that often accompanies the begging industry. Children who are forced or coerced into begging face not only the risk of harm from their captors but also long-term psychological, emotional, and physical damage.
• Severe Penalties: The section imposes severe punishments to deter those who engage in the practice of kidnapping or maiming children for exploitation in begging. The minimum penalties reflect the gravity of the crime, particularly when children are harmed for financial gain.
• Deterrence of Exploitation: The harsh penalties and the presumption in favor of kidnapping or obtaining custody for the purpose of begging aim to prevent the use of children for begging and other exploitative practices, thereby reducing the prevalence of child exploitation.

Summary

Section 139 of the Bharatiya Nyaya Sanhita, 2023 specifically addresses the kidnapping or maiming of children to use them in the begging trade. It lays out:

• Punishments for those who kidnap children for begging purposes, including rigorous imprisonment for up to life and a fine.
• Harsher penalties for maiming children to make them more effective in soliciting alms, including imprisonment for a minimum of 20 years, which could extend to life.
• Presumptions about the unlawful custody of children used for begging, making it easier to prosecute offenders.
• A broad definition of begging, covering various forms of exploitation, including the use of children for displays of injury, deformity, or other acts intended to attract alms.

This section serves as a strong legal deterrent against the exploitation of children in begging, reflecting the serious harm it causes to their well-being and safety.